PERSONNEL POLICIES AND PRACTICES MANUAL

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1 FAMILY SUPPORT SERVICES OF THE BAY AREA PERSONNEL POLICIES AND PRACTICES MANUAL 401 Grand Avenue, Suite 500 Oakland, CA (Main Office) 401 Grand Avenue, Suite th Street, Suite 3150 Oakland, CA San Francisco, CA 94103

2 FAMILY SUPPORT SERVICES OF THE BAY AREA PERSONNEL POLICIES AND PRACTICES MANUAL TABLE OF CONTENTS Welcome to Family Support Services of the Bay Area Introduction 000. Employment Policies 010. Equal Employment Opportunity Policy Statement 020. Americans with Disabilities Act Access and Accommodation 030. Definitions of Employment Status 040. Promotions Internal Process for Current Employees 050. Employment of Relatives 100. Payroll, Scheduling, and Overtime Practices 110. Salary Program 120. Anniversary Date 130. Hours of Work / Payroll Practices/Overtime/Makeup Time 140. Part-time Work Schedule 150. Attendance and Punctuality / Timekeeping 200. Employee Benefits 210. Vacation Leave 220. Holidays 230. Sick Leave 240. Personal Time Off With Pay 250. Personal Leave of Absence Without Pay 260. Medical or Family Leave of Absence 270. Insurance Programs 280. Employee Expense Reimbursement 290. Tax-Deferred or Tax-Sheltered Annuity Plans 300. Standards of Conduct and Disciplinary Procedures 310. Standards of Conduct 320. Harassment, Including Sexual Harassment 330. Suspension of Employment 340. Drug-Free Workplace 350. Dress and Personal Appearance 360. Telephone Use 370. Conflict of Interest 380. Whistleblower Policy and Protections 390. Disciplinary Procedures 400. Performance Appraisal / Evaluations 410. Performance Appraisal / Evaluations

3 500. Employee Communications 510. Agency Communications 520. Complaints / Appeal Procedure 530. Solicitation, Distribution and Bulletin Board 600. Safety and Health 610. Work Related Injury and Illness Prevention and Reporting 620. Return-to-Work Policy for Work-related Injury and Illness 630. Smoke-Free Environment Policy 640. Minimizing Exposure to Toxic Substances 650. Workplace Violence Prevention 700. Termination of Employment 710. Termination of Employment 800. Personnel 810. Personnel Records 820. Employment Verification and Recommendations 900. Miscellaneous Agency Policies 910. Vehicle Use 920. Personal Property and Inspection Policy 930. Fees and Honoraria 940. Electronic Communications Systems 950. Social Media Policy 960. Document Retention 970. Office Closure 980. Fundraising Coordination 990. Staff Training

4 WELCOME TO FAMILY SUPPORT SERVICES OF THE BAY AREA I would like to take this opportunity to welcome you to Family Support Services of the Bay Area (hereinafter referred to as FSSBA or the Agency ). We are a private, non-profit charitable organization that provides support to parents and other caregivers of vulnerable children through the agency s four programs: Respite/Child Care Program, Family Preservation Program, Kinship Support Services Program and OreMi Mentoring Program. Our mission is to nurture children, youth and caregivers to keep families healthy and intact. We hope your position at FSSBA will be fulfilling and your employment with the Agency rewarding. The goals and services of the Agency can only be achieved through the employment of skilled and committed staff. We recognize that employees are best able to fulfill their responsibilities when work assignments, expectations and conditions are as clearly stated as possible and guide staff toward the achievement of both quality and quantity job performance. Early in your employment with us, you will realize that we have set high standards for you. At the same time, the Agency has set high standards for itself in working to provide staff with the challenge, recognition, and appropriate compensation and benefits necessary to foster a productive relationship. The Personnel Policies and Practices Manual outlines the personnel policies and practices in effect at FSSBA. This manual should be a helpful reference during your employment with our Agency. You are asked to read this manual and to comply with its requirements during your period of employment with the Agency. I encourage you to ask your Supervisor if you have questions about any policy or practice which you do not understand. Sincerely, Cheryl Smith Executive Director

5 PERSONNEL POLICIES AND PRACTICES MANUAL INTRODUCTION This manual is designed to promote consistent and fair treatment of all employees. It has been prepared to give employees an overview and summary of the Agency policies and procedures which are presently in effect and cannot anticipate every situation or address every employment issue. Except for the At-Will Employment Policy, this manual is not a contract. It is not intended to and does not create any express or implied contractual obligations. However, it does provide useful guidance regarding many of the policies and rules governing your employment at FSSBA. Accordingly, you are required to read it and familiarize yourself with it. Since our programs and operations are subject to change, except for the At-Will Employment Policy, the Agency reserves the right to modify or discontinue the policies, requirements and benefits described in this manual at any time in its sole and absolute discretion with or without notice. Any employee who is uncertain about a policy or procedure should consult with his or her supervisor. However, please keep in mind that no supervisor has the authority to change the policies contained in this manual. All changes to any policy or procedure must have the prior written approval of the Executive Director of the Agency. This policy manual supersedes all previous personnel policy and practices manuals, management memos, and understandings on subjects covered herein. At-Will Employment Policy Your employment with the Agency is at-will. This means that, as an employee, you have the right to terminate your employment at any time, for any reason, with or without notice. Similarly, the Agency may terminate your employment at any time, with or without cause or prior notice. The policy that the Agency employees are employed at-will cannot be altered except by a written agreement signed by both the Agency s Executive Director and the employee.

6 SECTION 000 EMPLOYMENT POLICIES

7 010. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT I. PURPOSE / SCOPE: To maintain an employment environment free from discrimination. This policy applies to all employees. Policy No. 010 Page 1 of 1 II. POLICY: FSSBA is an Equal Employment Opportunity Employer and its facilities and programs adhere to Title VII of the Civil Rights Act of The Agency also abides by the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA) of 1990 and the California Fair Employment and Housing Act (FEHA). The Agency is committed to a policy of equal employment opportunity and does not discriminate against employees or applicants because of race, color, religion, gender, age, national or ethnic origin, ancestry, citizenship status, veteran or uniform service member status, marital or domestic partnership status, parental status, sexual orientation, pregnancy, disability, gender identity, health status, qualified medical condition, or any other basis prohibited by local, state, or federal law. Equal employment opportunity will be given to all persons in all aspects of employment practices, personnel actions and employee programs, including but not limited to recruitment, employment, evaluation, compensation, promotion, reclassification, training, transfer, discipline, and termination. All employment decisions will be made in a manner which will further the principles of equal employment opportunity. All employees and applicants will be treated on the basis of individual merit, qualifications, and competence as these factors relate to the requirements of the position. The Agency is committed to providing a work environment that is free of discrimination and, therefore, the Agency strongly disapproves of and will not tolerate discrimination against employees, interns, volunteers, customers, clients or vendors. FSSBA is a smoke-free, drug-free and scent-free workplace. III. PROCEDURE: In order for the Agency to achieve its nondiscrimination goal, it is important that each employee understands the importance of this policy and takes responsibility for implementing it in all employment situations. If an employee have been subjected to, or witnessed, discrimination of any kind, the employee should immediately notify to a supervisor or a manager of the Agency. All reports of discrimination will be thoroughly investigated and any person violating this policy may be subject to disciplinary action, up to and including termination. Any employee, including managers, involved in discriminatory practices will be subject to termination.

8 Policy No. 020 Page 1 of AMERICANS WITH DISABILITIES ACT ACCESS AND ACCOMMODATION I. PURPOSE / SCOPE: This policy is established to meet the requirements of the Americans with Disabilities Act of 1990 and the California Fair Employment and Housing Act. This policy applies to employees, interns, and volunteers. II. POLICY: In accordance with the requirements of the Americans with Disabilities Act of 1990 (ADA) and the California Fair Employment and Housing Act (FEHA), the Agency will not discriminate against any qualified individuals on the basis of disability in its services, programs, or activities. The Agency does not discriminate on the basis of disability in its hiring or employment practices, and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA and the FEHA. III. PROCEDURE: a. If you require an accommodation in order to perform the essential functions of your job, please contact an Agency supervisor to request such an accommodation. The Agency will provide reasonable accommodation to all qualified persons with disabilities, as defined by ADA and FEHA, unless it would impose an undue hardship on the operation of the Agency s business or unless it would cause a direct threat to the safety of others. b. An employee or a client seeking an accommodation needs to provide a written request to an Agency supervisor or the Administrative Manager at the earliest possible time. Requests from clients for reasonable accommodations shall be carried out in a manner consistent with the Agency policy and, as applicable, the mandates of the funding source. c. The request for an accommodation will be directed to the Executive Team who will assess and determine the feasibility of the requested accommodation, considering various factors as permitted by law. d. The Agency will make all reasonable modifications to programs to ensure that people with disabilities have an equal opportunity to participate in all of its programs, services, and activities. e. Any complaints should be directed to a member of the Agency Executive Team. f. The Agency will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids, services or reasonable modifications.

9 Accessibility FSSBA Personnel Policies & Practices Manual Policy No. 020 Page 2 of 2 Americans with Disabilities Act (ADA) Accessibility Request and Complaint Procedure If you require a reasonable accommodation to participate in a program, service or activity of the Agency, please make your request in writing to the Associate Agency Director / ADA Coordinator (listed below). Complaints If you have a complaint that a program, service, or activity of the Agency is not accessible to persons with disabilities, please contact the Associate Agency Director / ADA Coordinator (listed below). The complaint should be in writing and contain information about the alleged discrimination (e.g., the complainant s name, address and phone number, as well as the location, date and description of the problem.) Alternative means of filing complaints will be made available for persons with disabilities, upon request. The complaint should be submitted by the complainant or his/her designee as soon as possible after the alleged violation to: Pat Chambers Associate Agency Director / ADA Coordinator th Street, Suite 3150 San Francisco, CA pchambers@fssba-sf.org

10 Policy No. 030 Page 1 of DEFINITIONS OF EMPLOYMENT STATUS I. PURPOSE / SCOPE: To help provide uniformity and equity in applying personnel policies and benefits and to meet the requirements of state and federal law. These definitions apply to all employees of the Agency. II. POLICY: The Agency uses the following standard definitions to describe the classification of employees and their employment status: Exempt Management, supervisory, professional, and administrative employees whose positions meet specific tests established by the Fair Labor Standards Act (FLSA) and California Labor Code (CLC) are exempt from overtime pay requirements. Employees in this classification may work longer and irregular hours to meet their responsibilities without receiving overtime pay. Non-exempt Employees whose positions do not meet FLSA or CLC exemption tests are non-exempt and paid a multiple of their regular rate of pay for overtime, as required by federal and state law. Employees in this classification have designated work hours and may not exceed those hours without prior approval of their supervisor, unless a client or Agency emergency warrants additional hours. Full-time Employees who are scheduled to work 37.5 hours or more per week. Part-time Employees who are regularly scheduled to work less than 37.5 hours per week. Employees working less than hours per week are not eligible for any Agency benefits as defined in the Agency policy. Hourly Employees who are paid on an hourly rather than salaried basis. Hourly employees are classified by the Agency as non-exempt and will be paid overtime for any hours worked in excess of eight hours per day or 40 hours per work week. Regular Employees who are not classified either as temporary or hourly employees. Regular employees may work on a full-time or a part-time basis. Temporary Employees who are hired for a pre-established period (e.g., during peak workloads or for vacation relief). They may work a full-time or a part-time schedule. Temporary employees are not eligible for Agency elective benefits. A continuation of employment past the period originally designated does not change the temporary employee's status.

11 Policy No. 030 Page 2 of 2 Re-Hire Employees who are in good standing with the Agency and voluntarily terminate their employment may be eligible for re-hire within 90 days of their termination date with the permission of the Executive Director. Employees returning to work after 90 days will be processed as a new hire. If an employee was receiving Agency elective benefits when the termination occurred and is rehired into a position that receives elective benefits, the benefits can resume on the first of the following month after returning to work, unless the benefit carriers policy changes. Volunteering Agency employees are not allowed to volunteer on an ongoing basis in Agency programs. This is to avoid confusion about an employee s employment status, paid hours and supervisory authority. III. PROCEDURE: a. All employees are informed at the time of hire of their employment status classification within the Agency. This information will be stated in the letter of hire. b. All changes in employment status classification will be confirmed in writing by the Executive Director.

12 040. PROMOTIONS INTERNAL PROCESS FOR CURRENT EMPLOYEES I. PURPOSE / SCOPE: Policy No. 040 Page 1 of 1 To provide opportunities for continuing growth and development to existing qualified employees. To ensure that job changes, promotions and transfers are handled in a fair and equitable manner. This policy applies to all positions within the Agency. II. POLICY: It is the policy of the Agency to give qualified employees preference over outside applicants when filling vacancies within the Agency. The Agency is committed to the continuing growth and development of its employees and to the identification of employees who have the skills or abilities needed for advancement. When a vacancy occurs, promotion from within will be explored with the goal of filling the position with the best-suited candidate. While current employees are being considered for a vacancy, the Agency may also advertise the position on the Internet, in local newspapers and through other sources. An employee s past performance, qualifications, job experience and ability to take on the new responsibilities are important factors that are considered in decisions regarding promotion. III. PROCEDURE: a. When a vacancy occurs, the position will be posted within the Agency for a minimum of seven working days. The Supervisor and appropriate senior manager or Executive Director may approve the external advertisement of the position during the time the vacancy is posted internally. Any Agency employee may apply by submitting a cover letter and resume to the hiring supervisor. An internal applicant must notify his/her current supervisor prior to applying for the position. b. When a current employee is selected to fill a vacancy, a suitable transfer date will be agreed upon by all involved parties. c. All promotions involving a reclassification of position will be confirmed in a new appointment letter from the Executive Director.

13 Policy No. 050 Page 1 of EMPLOYMENT OF RELATIVES I. PURPOSE / SCOPE: To clearly define the Agency policy regarding the standards for relatives working for the Agency, either in the same or different departments so as to prevent problems of conflict of interest, supervision, confidentiality, and morale. This policy applies to all employees. DEFINITION: Relatives for the purpose of this policy are defined as individuals who are related by blood, marriage or adoption including the following relationships: spouse or domestic partner, in-laws, children, parents, grandparents, brothers, sisters, aunts, uncles, nephews, nieces, and cousins. II. POLICY: Applications for employment from relatives of the Agency employees will be considered with other qualified applicants when vacancies occur. However, to prevent problems of conflicts of interest, supervision, confidentiality and morale, some restrictions in job placement will apply. Relatives will not be permitted to be directly involved in a supervisory relationship with each other when one relative s work responsibilities, salary, hours, career progress, benefits or other terms and conditions of employment could be influenced by the other relative. Relatives will not be permitted to have access to sensitive or confidential information regarding each other, or be in positions where there is an actual or apparent conflict of interest. III. PROCEDURE: a. Prior to approving the hire of any relative of any current employee, the appropriate senior manager must determine that the new employee will not violate the policy stated above, either at the time of hire or in the foreseeable future. b. If employees become relatives after employment, the appropriate senior manager will determine if any management problems of supervision, confidentiality, morale, or conflict of interest result. The appropriate senior manager will work with both employees to address this issue, which may require a change in job duties or position for one of the employees.

14 SECTION 100 PAYROLL, SCHEDULING AND OVERTIME PRACTICES

15 Policy No. 110 Page 1 of SALARY PROGRAM I. PURPOSE / SCOPE: To maintain a program of internally equitable and competitive salaries. This policy applies to regular, salaried positions, exempt and non-exempt, full-time and part-time employees. II. POLICY: The salary range for each position is determined at the time of the vacancy posting. The specific starting salary for a new employee will be recommended by the supervisor to the appropriate senior manager and Executive Director, taking into consideration current salaries in comparable positions within the Agency and the experience, knowledge, and skills of the new employee. Salary increase may be approved by the Board of Directors during the annual budget process based on the Agency s ability to financially provide such increases. III. PROCEDURE: a. The appropriate senior manager and Executive Director will determine the appropriate starting salary within the salary range for new employees, based upon their experience, skills, and knowledge necessary for their particular positions. b. The Board of Directors of the Agency will make a determination, based on the financial condition of the Agency, as to whether there is a budget for salary increases in a given year. The Board s annual decision will apply only to the given fiscal year beginning July 1 and ending June 30 of the following year. Salary increase will commence on the employee s anniversary date in the given fiscal year approved by the Board.

16 Policy No. 120 Page 1 of ANNIVERSARY DATE I. PURPOSE / SCOPE: To provide a consistent means of measuring length of employment with the Agency, which will be utilized to determine eligibility for Agency elective benefits, length of service, and initiating annual performance evaluations and salary increases. This policy applies to regular, salaried positions, exempt and non-exempt, full-time and part-time employees. This policy does not apply to hourly on-call and temporary employees. II. POLICY: An anniversary date will be established for each eligible employee at the time of hire, according to the procedure below, and as stated in the letter of hire. An employee s anniversary date will occur after every twelve months of continuous employment from the initial anniversary date or date of reclassification to a new position. III. PROCEDURE: a. An employee who is hired any day of a given month will have his/her anniversary date established as the 1 st of the following month. (Example: If an employee is hired between October 1 st and October 31 st, then his/her anniversary date will be November 1 st ) b. As applicable, the anniversary date will be used to determine the date of eligibility for the timing of performance evaluations and eligibility for increased vacation accrual based upon length of employment. c. The anniversary date will change if an employee is reclassified to a new position. The employee will be informed of this in writing by the Executive Director at the time of the reclassification. However, if the employee is reclassified to a lateral position, the anniversary date will not change.

17 Policy No. 130 Page 1 of HOURS OF WORK / PAYROLL PRACTICES/OVERTIME/MAKEUP TIME I. PURPOSE / SCOPE: To establish the hours of employment in the Agency s basic workday and workweek and to establish pay periods and paydays to administer the payment of wages, salaries and overtime. This policy applies to all employees. II. POLICY: a. Hours of work The Agency has established its workweek as Saturday at 12:01AM through Friday at 12:00 midnight. The Agency follows a Full Time Equivalent work schedule of 37.5 hours per week, 7.5 hours per day, and five days per week for full-time staff. b. Meal and rest periods The purpose of meal and rest periods is to provide a restful break from work in order to enhance employee health and safe work practices. Exempt employees may choose to take a meal or rest period as needed. Non-exempt employees must take a meal period of at least thirty minutes for each five hours worked in a day, during which they are relieved of all duties. The meal period must be taken approximately in the middle of the workday but no later than by the end of an employee s fifth hour of work. Non-exempt employees who work more than ten hours in a day must take two uninterrupted meal periods of at least thirty-minutes each during which they are relieved of all duties. The second meal period must begin by the end of the employee s tenth hour of work. Non-exempt employees must clock out for meal periods. Meal periods are not compensable, i.e. they are not paid. The minimum meal period for a full-time employee is thirty minutes of unpaid lunch break in the middle of the workday. Part-time employees working six or fewer hours per day do not need to take a meal period, although they are entitled to a rest period. Meal and rest period schedules are approved by the employee s supervisor. Family Aides and Respites Specialists are exempt from meal and rest period if they are caring for a child in the child s home. Two fifteen-minute rest periods, one during each four-hour shift, are provided each full working day. Exempt employees may choose to take a rest period as needed. Non-exempt employees are also authorized to take a fifteen minute rest period for every four hours of work or major fraction thereof. The only exception applies if an employee s total daily work time is less than three and one-half hours. If an employee works more than six hours in one day, the employee will be entitled to a second, fifteen minute rest period. Rest periods may not be combined with each other or added to an employee s meal period. Rest periods shall be provided in the middle of each work period insofar as practicable. Rest periods are compensable, i.e. they are paid. All nonexempt employees who work at least three and one half hours in a work day, but less than four hours, will be provided one fifteen-minute paid rest period.

18 Policy No. 130 Page 2 of 4 Employees who are breast-feeding may take an additional break for a reasonable amount of time to express breast milk. c. Additional hours worked ( hours per workweek) Hours worked in excess of 37.5, but not more than 40.0 hours in a workweek, are considered additional hours, not overtime hours, and will be paid at the employee s regular hourly rate. Any hours worked in excess of 37.5 hour in a workweek must be authorized in advance by the employee s supervisor, unless a client or Agency an emergency warrants additional hours. d. Overtime / makeup time While a normal workday is 7.5 hours, non-exempt staff may choose to make up time to compensate for time off taken during the workweek to meet personal obligations. Makeup time must be worked within the same workweek and will not count toward hours worked for daily overtime purposes. Overtime and makeup time are only available to staff when it meets the needs of the specific program or department as well as the Agency as a whole. All requests for overtime must be approved in advance. An employee shall provide a signed written request for each occasion that the employee makes a request to make up work time. When requesting makeup time, the staff member s supervisor, in conjunction with the Program or Department Director will make the determination of whether the program can accept the modification to a schedule. If more than one person within a program or department requests makeup time for the same period of time, determination will be made based on the program needs. Employees will not be entitled to daily overtime pay for hours worked in excess of eight in a day if those hours are makeup time. Under no circumstances will employees be allowed to work makeup time that would result in working more than 11 hours in a workday or 40 hours in a workweek. Makeup time may be requested by the employee by using the Makeup Time Request Form. Approved Makeup Time Request forms must be attached to the employee s timesheet to document makeup hours worked in lieu of overtime being paid. e. Payroll period For payroll purposes, the workweek begins on Saturday at 12:01 AM and ends on Friday at 12:00 Midnight. There are two payroll periods in each month; from the 1 st through the 15 th day of the month, and from the 16 th through the last day of the month. f. Paydays and paychecks Employees are paid semi-monthly for all work performed through the end of the previous payroll period. Paydays are the 10 th and the 25 th day of each month.

19 Policy No. 130 Page 3 of 4 Employees are given a choice of having their paychecks mailed to them, given to them in person at the office, or using the direct deposit options. No paycheck will be given to any individual other than the employee without a written request from the employee. If an employee requests the Agency to place a stop payment order on a paycheck, the Agency will do so, but the employee will be responsible for all bank charges for the transaction. g. Payroll deductions Payroll deductions are either mandatory or voluntary deductions taken from paychecks on a semimonthly basis. Mandatory deductions are generally required by law, by court order or by contract. They must be withheld by the Agency whether or not employees want or authorize them and include, but are not limited to the following: Social Security, Medicare, State Disability Insurance, state and federal income taxes and court-ordered liens and garnishments. Voluntary deductions are those that the employee authorizes and includes, but are not limited to: healthcare insurance premiums, commuter checks, and tax sheltered annuity contributions. h. Pay advances The Agency does not extend credit or make loans to employees. Payroll advances are given only when an employee will be on a vacation of ten consecutive working days, which will include at least one payday. This is limited to one time per year. III. PROCEDURE: a. Overtime / makeup time Overtime pay is calculated at one and one half times the non-exempt employee s regular rate of pay for work in excess of eight hours in a day or in excess of 40 hours in a week, and for the first eight hours of work on the seventh day of work in a single workweek. Double time must be paid for work in excess of twelve hours in a day or for work in excess of eight hours on the seventh day of the workweek. Vacation leave, sick leave and personal leave do not count as hours worked for overtime purposes. Makeup time is completely voluntary and must be worked within the same workweek as the time off occurred. A written request for makeup time must be provided by the non-exempt employee for each occasion that the employee requests makeup time. The written request must be approved in advance by the supervisor. Makeup time requires that an employee not work more than 11 hours on any workday and no more than 40 hours in a workweek to make up the time off. b. Paychecks Pay periods end on the 15 th and the last day of each month. In order to continue receiving paychecks on a regular basis, employees must turn in their timesheets on the day following the end of the pay period.

20 Policy No. 130 Page 4 of 4 Unless direct deposit or regular pickup of their check is requested, paychecks for hourly employees will be automatically mailed at 4:30 PM on paydays. Paychecks of salaried employees will be delivered to them at the office. Direct deposit or regular pickup of paychecks must be requested in writing to the Administrative Manager. c. Pay advances When a payday falls during an employee s approved vacation of ten consecutive working days, the employee may request to receive that paycheck in advance on the last working day prior to the vacation. This request must be made in writing to his/her supervisor at least seven working days in advance of the due date. The Supervisor is responsible for submitting the request to payroll five working days in advance of the due date.

21 Policy No. 140 Page 1 of PART-TIME WORK SCHEDULE I. PURPOSE / SCOPE: To explain the different means by which part-time work schedules will be determined. This policy applies to all employees. II. POLICY: A part-time work schedule is only available to an employee when it meets the needs of the specific program or department, as well as the Agency as a whole. The decision of whether the program, department or Agency can accept a part-time schedule will be determined by the appropriate senior manager with final written approval of the Executive Director. Factors to be considered in making the determination include: a. Can the program or department sustain a decrease in productivity and still meet its contract requirements? b. Will clients, contractors and/or vendors be adversely affected by the reduction? c. Will the decrease in staffing affect other employees or co-workers adversely? d. Are there other arrangements that need to be made to ensure program or department coverage? e. What is the impact on the program or department supervisor, particularly regarding coverage for the part-time employees when he or she is not at work? Part-time work may also be available as a reasonable accommodation to an employee with a qualified disability. If the employee requests a part-time work schedule, the employee must meet all of the following criteria to be considered for approval: a. The employee consistently meets her/his program performance objectives (such as, billable hours, clients seen) and evaluation job components or objectives. b. The employee consistently keeps thorough and timely paperwork. If an employee is working part-time and any of these criteria are no longer met, the part-time option may be withdrawn. Requests for reduction to part-time status and any subsequent request to modify the change will be determined on a case-by-case basis. If more than one person within a program or department requests part-time status, determinations will be made based on the program or department needs and their performance evaluation.

22 Policy No. 140 Page 2 of 2 III. PROCEDURE: In order to meet the Agency s needs, the employee requesting a work schedule that is less than full-time will be expected to do so in writing to her/his supervisor. The Supervisor will forward the request to the appropriate senior manager. The employee will also be expected to schedule work hours to provide maximum convenience for the clients, the program, the department and/or the Agency. The Executive Director will respond to an employee s request for a reduced schedule in writing, authorizing or denying the request based on the criteria mentioned under the Policy section. If a reduced schedule is approved, the letter will detail the expected work schedule and any other stipulations required for approval. a. Part-time salaried staff will receive the pro-rated portion of the full-time salary equivalent. b. Accounting for leave (i.e., vacation, sick, holiday, personal holiday) is on a pro-rata basis. Example: An employee working 80% time will receive 80% of the normal monthly accrual for vacation and sick and personal holiday when it is awarded. c. The Agency s Elective Benefits Cap (the allocated amount of money the Agency designates as its monthly contribution for benefits) for employee and eligible dependents will be awarded on a pro-rata basis by the percentage rate the employee is working. Example: An employee working 90% time will receive 90% of the employee and dependent cap. The balance of monthly benefit costs will be the responsibility of the employee. Employee work times designated at less than 53% of the fulltime equivalent are not eligible for Agency elective benefits.

23 150. ATTENDANCE AND PUNCTUALITY/ TIMEKEEPING I. PURPOSE / SCOPE: FSSBA Personnel Policies & Practices Manual Policy No. 150 Page 1 of 2 To provide methods for the Agency to monitor attendance and punctuality, and to provide a system for recording hours worked and paid time off for eligible employees. This policy applies to all employees. II. POLICY: Attendance and punctuality In order to operate efficiently and provide consistent and timely service to clients, the Agency depends upon employees to come to work on time and to maintain a good record of attendance. Employees are encouraged to take care of personal business and appointments outside of work time or to schedule vacation leave for these purposes. Employees who will be late or absent from work for any reason must notify their supervisor or other Agency manager as soon as possible. Additionally, an employee who may miss a scheduled appointment in the community including home visits and respite assignments, must directly contact the client or other affected parties as soon as possible to inform them of the employee s inability to carry out scheduled plans. An employee who does not come to work and does not notify his or her supervisor or other manager in the Agency may be deemed to have voluntarily resigned his or her position after two consecutive days of absence without notice. Timekeeping Every salaried employee and all hourly employees must maintain a timesheet, recording all days worked and any sick, vacation or other leave taken. Additionally, in order to provide the Agency with information necessary to comply with the Fair Labor Standards Act (FLSA) and California Labor Code (CLC), all non-exempt employees must also complete a timesheet which accurately records the daily time they begin and end each day s work, as well as the beginning and ending of the meal period, or any other personal time off. III. PROCEDURE: Attendance and punctuality a. By the time the office officially opens for the day, employees are required to notify their supervisor or other designated manager of any absence from work, whether planned or unplanned. Planned absences must be requested in advance. b. In the case of sudden illness or injury, if an employee is unable to report to work the employee must call the office as early as possible (and no later than the morning of their first day of absence) to notify their supervisor or other manager. If the employee calls the office and leaves a message on an answering machine or with a co-worker, he or she must call again during the day and speak directly with his or her supervisor or other manager to give information regarding

24 Policy No. 150 Page 2 of 2 his/her health status and expected date of return to work. All employees are also required to directly contact their supervisor, in advance whenever possible, when they anticipate being late to work or upon arriving late to work. c. Whenever possible, employees who are eligible for sick leave benefits must request sick leave in advance in accordance with procedures written in Policy No. 230, Sick Leave. Timekeeping a. All exempt employees must complete a Staff Timesheet and submit it to their supervisor by the day following the end of the pay period. The supervisor will review the timesheet and approve it after determining that it is correct, or resolving any discrepancies with the employee. b. Non-exempt employees must complete a Non-exempt Staff Timesheet in which they record the time they began and ended work each day, as well as the beginning and ending of the meal period, and the beginning and ending of any personal time off. This timesheet must be submitted to the employee s supervisor by the day following the end of the pay period. All overtime hours or makeup time hours must be recorded on the timesheet. The supervisor will review the timesheet and approve it after determining that it is correct, or resolving any discrepancies with the employee.

25 SECTION 200 EMPLOYEE BENEFITS

26 Policy No. 210 Page 1 of VACATION LEAVE I. PURPOSE / SCOPE: To provide eligible employees an opportunity to have paid time off away from the responsibilities of their positions. The Agency encourages employees to utilize accrued vacation leave throughout the year. This policy applies to full-time and part-time employees who are regularly scheduled to work hours or more per week. Temporary employees are not eligible for vacation leave benefits. II. POLICY: While the primary purpose of vacation leave is to provide a restful break from the job routine for employees, depending upon the needs of the employee and his or her individual circumstances, vacation leave may also be used during approved medical and/or personal leaves of absence. Accrual Vacation leave for eligible employees is accrued from the 61 st calendar day of employment. Accrued vacation may be used at any time and should be requested through the employee s supervisor. Accrued vacation leave cannot be exchanged for salary or compensation except upon termination of employment. Eligible full-time employees may accrue up to 225 hours of vacation leave. The accrual limit for eligible part-time employees is in proportion to the number of hours they are regularly scheduled to work each week (for example, an eligible employee working half-time or hours per week may accrue a limit of hours of vacation). Once an employee reaches the maximum on vacation benefits, he or she will cease accruing vacation benefits until the employee falls below the maximum amount. From that point forward, the employee will again accrue vacation benefits until the maximum is reached. Vacation hours lost by exceeding the maximum accrual cannot be later recovered by the employee. Vacation leave is not accrued during an unpaid leave of absence exceeding ten working days. Accrual of vacation leave will resume upon an employee s return to active status. If an Agency observed holiday falls during the time an employee is on vacation and the employee is eligible for holiday leave, that holiday will not be charged against the employee s vacation leave. The rate of accrual of vacation leave benefits for eligible employees is as follows: hours/month (full-time accrual rate), accrued from the 61 st calendar day of employment through the first two years of employment hours/month (full-time accrual rate) accrued from the start of the third year of employment as determined by the initial anniversary date. The accrual of vacation leave is credited to the employee and posted on a semi-monthly basis for that payroll period. Employees cannot use vacation hours not yet accrued with the exception of winter holiday exemptions.

27 Policy No. 210 Page 2 of 2 Upon termination of employment, eligible employees will be compensated for any unused accrued vacation leave. Employees terminating prior to the 61 st calendar day will not have accrued any vacation leave. Scheduling Every effort will be made to accommodate an employee s request to take vacation leave at a specified time. However, due to coverage issues associated with most positions, requests made well in advance are more likely to be approved. Vacations for a week or more may need to be scheduled at a time when they will have the least impact on the successful functioning of the Agency. Winter Holidays Exception The Agency policy does not permit employees to use vacation time that has not yet been earned, with one exception. During the pay periods of the winter holidays, employees are permitted to create a vacation deficit of up to 22.5 hours (or three days) during this time. This time off will be pro-rated for part-time employees to correspond with his/her work schedule. No further vacation time may be taken until the deficit is eliminated and the employee has accrued vacation time. III. PROCEDURE: a. All requests for vacation leave must be brought to the supervisor for approval. Employees must have their vacation leave approved before finalizing their vacation plans. Vacation requests must be documented on Request for Leave forms and approved by the Supervisor. b. Due to the need to plan for coverage, employees must request vacation leave of a week or more with as much advance notice as possible. c. The Supervisor will make decisions regarding vacation requests within five working days, except in cases involving a lengthy time period or where there are complicating issues, (such as multiple requests for the same time period, resulting in coverage difficulties), the appropriate senior manager will be apprised of the situation. d. Vacation requests which are denied will have a written explanation for the denial under the comments section of the Request for Leave form and alternative dates will be offered. e. If an employee wishes to change an approved vacation, either before or after it has been taken (for example, if the employee became ill during a vacation), a revised Request for Leave form must be submitted to the Supervisor along with a written explanation under the comments section. f. All eligible employees are responsible for verifying the accuracy of their vacation balance as recorded on their paycheck stub.

28 Policy No. 220 Page 1 of HOLIDAYS I. PURPOSE / SCOPE: To provide paid-time-off to recognize holidays. This policy applies to eligible employees. II. POLICY: The policy on holiday leave applies to eligible employees regularly scheduled to work at least hours per week, except those on an unpaid leave of absence. Eligible part-time employees are entitled to holiday benefits in proportion to the number of hours they are regularly scheduled to work each week. Part-time employees regularly scheduled to work less than hours per week and temporary employees do not receive paid holiday leave. The Agency provides eligible employees with the following paid holidays each year: New Year s Day January 1 Dr. Martin Luther King, Jr. s Birthday Presidents Day Memorial Day Independence Day July 4 Labor Day Thanksgiving Day Day after Thanksgiving 3rd Monday in January 3rd Monday in February Last Monday in May 1st Monday in September 4th Thursday in November 4th Friday in November Christmas Day December 25 When one of the holidays above falls on a Saturday or Sunday, it will be observed on the federally designated day. Personal Holiday The Agency gives eligible employees two 7.5-hour personal holidays per fiscal year (or a pro-rated amount for part-time employees. These personal holidays may be used for the following events: birthdays of the employee or his or her family member, a FSSBA or personal anniversary, Cesar Chavez Day, Columbus Day/Indigenous People s Day, Veterans Day, and/or school holidays (e.g., spring break, winter break). These are holidays tied to specific annual events and dates and do not carry over to the next fiscal year. These holidays are not paid out at the time of an employee s termination.

29 Policy No. 220 Page 2 of 2 III. PROCEDURE: Eligible full-time employees receive 7.5 hours holiday leave for each of the holidays listed. Eligible parttime employees are entitled to holiday benefits in proportion to the number of hours they are regularly scheduled to work each week. (For example, an employee regularly scheduled to work half-time or hours per week would receive 3.75 hours holiday leave for each full day holiday) Adjustments will be made in the work schedule of part-time employees to ensure that they receive their proportionate holiday benefit. If an employee is scheduled to work on one of the designated holidays, arrangements will be made with the supervisor for the employee to do so and take an alternate day off. No additional compensation will be given to employees who choose to work on a holiday.

30 Policy No. 230 Page 1 of SICK LEAVE I. PURPOSE / SCOPE: To minimize loss of income as a result of an employee s absence from work due to illness or injury. This policy applies to all eligible employees regularly scheduled to work hours or more per week. The rate of accrual of sick leave for eligible full-time employees is one day (7.5 hours) per month. Parttime employees accrue sick leave benefits in proportion to the number of hours they are regularly scheduled to work each week. Part-time employees and hourly employees regularly scheduled to work less than hours per week and temporary employees will accrue one hour of sick time for every 30 hours of work. II. POLICY: Sick leave use and scheduling Out of concern for the health and safety of all staff and clients, the Agency encourages employees to utilize their accrued sick leave when they are ill. Employees who have been absent from work due to illness or injury should not return to work until fully recovered and, if necessary, have been medically cleared by their physician to return. In addition to employee illness or injury, the following are appropriate situations for using accrued sick leave benefits: a. Preventative healthcare (physical examinations, checkups, etc.) for the employee and his or her dependents. b. Illness or injury of a family member which requires the employee s presence. For the purposes of this policy, family member includes spouse or domestic partner, child (includes adopted, foster, step, legal ward or child of a domestic partner), grandchild, parent, grand parent or sibling. If an employee has no spouse or registered domestic partner, the employee may designate one person for whom the employee may use paid sick leave to provide aid or care. The employee has ten work days to make this designation from the day it is offered. c. Sick leave in lieu of vacation leave when an employee has an extended illness which takes place during his or her vacation. (If this illness lasts 3 or more days, the employee must provide written documentation from a physician verifying the illness.) d. Use of accrued sick leave during a medical leave of absence, including requests to coordinate accrued sick leave benefits with state disability or other wage replacement benefits. While the Agency provides a certain amount of sick leave each year for all employees, this does not mean that each employee should use the total amount unless it is necessary. Excessive absenteeism has a negative impact upon program operation and co-workers and is discouraged. A written physician s statement verifying the nature of the medical condition and dates of illness may be requested after an employee has missed work three consecutive days or more due to illness or injury.

31 Policy No. 230 Page 2 of 3 Depending upon the nature of the illness or injury, the employee may be asked to obtain a written physician s statement verifying the employee s ability to return to work without endangering his or her safety or the safety of others and stating any restrictions that have been placed on the employee s activities. Accrual Eligible employees accrue sick leave benefits from the date of eligibility and may use accrued sick leave anytime. Employees do not accrue sick leave benefits during any period of an unpaid leave of absence in excess of 10 working days. The accrual of sick leave is credited to the employee and posted on a semi-monthly basis for that payroll period. Employees cannot use sick hours not yet accrued. In order to provide employees with a mechanism for continuing their income in the event of a major illness, surgery, or temporary disability, the Agency allows employees to accrue a maximum of ten weeks (375 hours) or part-time equivalent of sick leave benefits. After this limit is reached, the employee will cease accruing sick leave until the total number of hours drop below the maximum. Sick leave hours lost due to the maximum limit on accrual cannot later be recovered. In no case will monetary compensation be received for unused sick leave, including at termination of employment. III. PROCEDURE: a. Whenever possible, sick leave must be requested in advance using the Request for Leave form. The supervisor must approve all planned sick leave in advance. If a request is not approved, a written explanation will be given in the comments section of the form. b. In the case of sudden illness or injury, if employees are unable to report to work they must make every attempt to contact their supervisor as soon as possible. It is expected that employees will follow the procedure set forth by their supervisor for making contact (e.g., call their supervisors at home the evening before, or the early morning of the day that they are unable to work). If the employee is unable to reach the supervisor directly and calls the office and leaves a message on an answering machine or with a coworker, he or she must call again during the day and speak directly with his or her supervisor, or another manager when the supervisor is unavailable, to give information regarding health status and expected date of return to work. c. Upon return from unplanned sick leave, the employee must complete a Request for Leave form and give it to the supervisor as soon as possible. d. The supervisor will make necessary arrangements for workload coverage for an employee who is absent due to illness or injury. If the absence exceeds a day, the employee must follow the procedure set forth by his/her supervisor regarding the frequency of contact during the period of absence. e. All eligible employees are responsible for verifying the accuracy of their sick balance as recorded on their paycheck stub.

32 Policy No. 230 Page 3 of 3 f. Employees whose absence from work exceeds the amount of sick leave they have accrued must take the excess hours in vacation leave or leave without pay. For information on leave without pay see Policy No. 250, Personal Leave of Absence Without Pay.

33 Policy No. 240 Page 1 of PERSONAL TIME OFF WITH PAY I. PURPOSE / SCOPE: To provide a means for employees to obtain limited paid time off when such time is needed for bereavement, jury duty, conference and educational leave, and voting. This policy applies to full-time and part-time employees who are regularly scheduled to work hours or more per week. Hourly, temporary, and part-time employees who are regularly scheduled to work less than hours per week are not eligible for personal time off with pay, but may be given time off without pay when needed. II. POLICY: The Agency gives eligible salaried employees paid time off for bereavement, jury duty, conference and educational leave, and voting as follows: Bereavement In the event of the death of an immediate family member, an employee may be granted bereavement leave to handle family affairs and attend the funeral. Approval of bereavement leave will be made by the supervisor. For the purposes of this policy, immediate family is defined as: child, parent, spouse, domestic partner, sibling, grandparent, grandchild, parents of spouse and parents of domestic partner. Under special circumstances, an exception to the definition of immediate family may be made by the Executive Director. The length of paid bereavement leave will vary with individual circumstances and travel time required, but is not to exceed three days when the employee will be travelling within a 300 mile radius and five days when the employee will be travelling beyond 300 miles. At the Agency s discretion, the use of accrued sick leave benefits or unpaid personal leave may be approved for employees requiring additional time off for bereavement. Temporary or hourly employees will be provided time off without pay while on bereavement leave. Jury duty In order that salaried employees may serve on a jury without loss of earnings, the Agency will pay an eligible employee s regular salary for the period of jury service. Temporary or hourly employees will be provided time off without pay while on jury duty. Conference and education leave To help employees obtain additional education or training to increase their job skills, the Agency may give employees paid time off from work to attend conferences, meetings, or special courses. The amount of time-off granted will vary with individual circumstances and budget limitations. Time off to vote Employees who do not have sufficient time outside of working hours to vote in a statewide election will be granted up to two hours of paid time off to vote. Deductions will not be made from exempt employees

34 Policy No. 240 Page 2 of 2 salaries for time taken off for voting. Where possible, employees should give their supervisor at least two working days notice that time off to vote is needed. III. PROCEDURE: a. Bereavement and jury duty An employee who receives a notice to serve for jury duty or experiences a death in his or her immediate family must notify the supervisor immediately as to his/her plans so that arrangements can be made regarding the coverage of job duties and responsibilities. Any verbal notice of bereavement to the supervisor must be followed up by a written request using the Request for Leave form. The supervisor will approve the request and inform the appropriate senior manager. Jury duty and bereavement leave are to be recorded on timesheets as either Jury duty or Bereavement with the exception of extended bereavement leave which should be recorded as sick leave or unpaid personal leave as appropriate. Employees reporting for jury duty must produce evidence of jury duty attendance in order to be paid for jury duty time. It is the employee s responsibility to report for work if released early by the court. Failure to do so will result in unpaid leave or the required use of accrued fringe hours. Employees who receive their regular salary while on jury duty must sign over to the Agency all court payments received. b. Conference and education leave The appropriate senior manager will approve or deny requests. c. Time off to vote When possible, employees requiring time off to vote must give the Agency two business days notice. Voting is to be recorded on the employee s time sheet as other. Up to two hours off for voting will be paid.

35 250. PERSONAL LEAVE OF ABSENCE WITHOUT PAY I. PURPOSE / SCOPE: FSSBA Personnel Policies & Practices Manual To provide a means for employees to take a specified amount of time off without pay. Policy No. 250 Page 1 of 2 This policy applies to regular employees. Hourly or temporary employees may be eligible to take a personal leave of absence without pay at the discretion of the appropriate senior manager, based upon individual circumstances. II. POLICY: Requests for unpaid personal leave may be made for significant reasons such as extensive business or legal affairs or other personal needs not covered by paid leave benefits. The appropriate senior manager may approve unpaid time off for eligible employees, provided such time off does not significantly disrupt the normal operation of the employee s program or department. All requests exceeding a five-day period will require the approval of the Executive Director. In reviewing a request for personal leave of absence without pay, consideration will be given to the reason for the request, the length of the leave, the potential disruption to the Agency, the employee s length of service, performance and other factors related to the individual s situation. For a full-time salaried employee, an unpaid personal leave of ten consecutive working days (75 hours) or less will not affect accrued service (anniversary date) or benefits, other than holiday benefits. In other words, the employee s anniversary date will remain the same and there will be no loss of Agency benefits except for holiday benefits that fall during the leave. Eligible part-time salaried employees may take a proportional amount of unpaid personal leave of ten working days without affecting benefits; for example, a half-time employee would not lose benefits for an unpaid leave of 37.5 hours or less. An unpaid personal leave of absence exceeding ten consecutive working days (75 hours), or a proportional amount for eligible part-time employees, will result in an interruption of accrued service and/or benefits as follows: Anniversary date: A new anniversary date will be established by first adding the total period of the leave of absence without pay to the previous anniversary date, and then adjusting the new anniversary date to the first of the following month. Health plan benefits ordinarily provided by the Agency, and for which the employee is eligible and enrolled will not be continued during a leave of absence without pay exceeding ten working days unless the employee elects to pay the full cost of such coverage, including that of covered dependents. 1 The employee is required to arrange before the leave regarding fulfillment of the payment requirements. Failure to provide the payment of such coverages as scheduled will result in a loss of coverage during the period of the leave of absence without pay. In such an event, the employee will be notified of his or her 1 Dependents include employee s spouse, registered domestic partner and their children.

36 Policy No. 250 Page 2 of 2 conversion and continuation coverage options. The employee is still required to pay his or her share of monthly premiums for her/his dependents and must make arrangements before the leave regarding payment requirements. Vacation and sick leave benefits will not accrue during any period of an unpaid leave of absence in excess of ten consecutive working days (or a proportional amount for part-time employees). Employees on an approved unpaid personal leave of absence of ten consecutive working days or less (or a proportional amount for a part-time employee) will maintain their job position. For an employee on an approved unpaid personal leave of absence exceeding ten consecutive working days which falls under the provisions of family and medical leave, it is Agency policy to reinstate the employee to the same or a comparable position at the end of the leave. For more information on family and medical leave see Policy No. 260 Medical or Family leave of Absence. For an employee on an approved unpaid personal leave of absence exceeding ten consecutive working days which does not qualify under family care leave legislation or another protected leave, it is Agency policy to make every attempt to return the employee to his or her former position at the end of the approved leave. However, reinstatement is not guaranteed. III. PROCEDURE: a. An employee must request a personal leave of absence without pay in writing to the supervisor, stating the purpose for the leave, the length of time requested, and the expected date of return. b. After considering the request, the supervisor in consultation with the appropriate senior manager will approve or deny the request in writing, stating the amount of leave time approved and notifying the employee of any anticipated effect upon his or her Agency benefits. The supervisor will also explain the Agency s requirements for ongoing contact from the employee while on leave. c. An employee who is on a personal leave of absence is required to maintain regular contact with the supervisor as directed in the approval memo from the Executive Director. d. A request for an extension of a personal leave of absence without pay will be considered by the supervisor if it is received in writing before the expiration date of the approved leave. If the request extends the leave beyond five days, the Executive Director must approve the request. An employee who does not return to work at the end of an approved leave and has not contacted the supervisor will be deemed to have voluntarily resigned. e. An employee may not extend an unpaid personal leave of absence by requesting paid sick leave or vacation leave. If an employee calls in sick on the first day he or she is scheduled to return from a personal leave of absence without pay, this will be considered an extension of the leave without pay. f. The Agency expects that employees will utilize leave without pay only for valid reasons. While the Agency accepts a certain amount of leave without pay per year for employees, this does not mean that each employee should use more than is necessary. Excessive absenteeism has a negative impact upon program operation and co-workers and is discouraged.

37 260. MEDICAL OR FAMILY LEAVE OF ABSENCE I. PURPOSE / SCOPE: FSSBA Personnel Policies & Practices Manual Policy No. 260 Page 1 of 8 To enable employees to receive extended time away from work due to a non-work related medical condition of the employee or a family member, or a work-related injury/illness, as mandated by the Federal and State laws. Eligibility and leave entitlements vary under different legislated leave provisions. This policy applies to all eligible employees. II. POLICY: An employee who is unable to work due to a serious health condition or who must care for a family member with a serious health condition will, upon written request, be given a medical or family leave of absence for a period of time (which may include reduced schedule leave or intermittent leave). A serious health condition is an illness, injury, impairment or physical or mental condition that involves inpatient care (defined as an overnight stay in a hospital, hospice or residential medical care facility) or continuing treatment or supervision by a health care provider. All requests for leaves of absence must be submitted to the employee s supervisor. Employees are responsible for informing their supervisors in advance of the need to take time off if foreseeable, or as soon as possible under the circumstances, depending on the nature of the leave. A medical or family leave of absence can be any one of those enumerated below. To the extent that the below policies conflicts with FMLA or CFRA or does not address all Agency employee rights under FMLA and CFRA, the terms of FMLA and CFRA (or other applicable laws) will control. a. Family and Medical Leave Act (FMLA) In order to qualify for FMLA leave, an employee must have at least twelve-months of employment with the Agency and must have worked at least 1,250 hours during the twelve-month period immediately preceding the commencement of the leave. An eligible employee may request up to twelve-week leave in a twelve-month period for one or more of the following reasons: The birth of a child or placement of a child with the employee for adoption or foster care; To care for a spouse, child, or parent who has a serious health condition; For a serious health condition that makes the employee unable to perform the essential functions of his or her job; or For any qualifying emergency arising out of the fact that the employee s spouse, child, or parent is a military member on covered active duty or has been notified of an impending call or order to covered active duty. An employee whose partner is expecting a baby or an employee who is adopting a child may be eligible for FMLA leave for bonding and newborn care purposes within twelve-months of the birth or placement of the child. FMLA leave for the birth or placement of a child for adoption or foster care expires twelve-months from the birth or placement.

38 Policy No. 260 Page 2 of 8 A rolling twelve month period is measured backward from the date an employee uses any FMLA leave. Each time an employee takes FMLA leave, the remaining leave entitlement is any balance of the twelve workweeks that has not been used during the preceding twelve months. For further information about FMLA visit the Department of Labor website Military caregiver leave An eligible employee may take up to 26 workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness, when the employee is the spouse, son, daughter, parent, or next of kin of the service member. For more information on Military Family Leave visit b. Non-FMLA leave of absence An employee with a serious health condition who does not meet the 1,250 hour requirement or has exhausted leave available under the FMLA may request a medical or family leave of absence not covered by FMLA. During a non-fmla leave of absence, eligible employees may utilize accrued sick leave and/or vacation leave benefits, take leave without pay, or request a leave of absence that combines paid leave with unpaid leave. c. California Family Rights Act (CFRA) To qualify for California Family Rights act (CFRA), the employee must have at least 12 months of employment with the Agency and must have worked at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave. Covered employees may request up to 12 weeks of family and medical leave related to the employee s own serious health condition, the serious health condition of a child, spouse, registered domestic partner, or parent, or to care for a newborn child or recently placed adopted or foster child. Pregnancy, childbirth, or related medical conditions are not covered under CFRA, but under Pregnancy Disability Leave, see below. A rolling twelve month period is measured backward from the date an employee uses any CFRA leave. Each time an employee takes a CFRA leave, the remaining leave entitlement is any balance of the twelve work weeks that has not been used during the preceding twelve months. For further information on CFRA visit the Department of Fair Employment and Housing CFRADefined.htm. d. Pregnancy Disability Leave (PDL) Under the California Fair Employment and Housing Act, an employee may take up to 4 months (17-1/3 weeks) of medically necessary pregnancy disability leave if disabled by pregnancy, childbirth, or related medical conditions (which could include, for example, severe morning sickness or time off for prenatal care). There is no length of service requirement for employees to be eligible for PDL. Medical certification of pregnancy related disability is required to determine length of leave. PDL runs concurrently with FMLA,

39 Policy No. 260 Page 3 of 8 but does not run concurrently with CFRA; an employee who has taken PDL is entitled to an additional 12 workweeks under CFRA for other family and medical leave purposes such as taking care of the newborn child within the first year of birth. The employee s job is protected during the PDL period. For further information on PDL visit Eligible employees may receive partial wage benefits through State Disability Insurance (SDI), which can be coordinated with accrued sick leave. e. Occupational Medical Leave Employees who have suffered a work related illness or injury are eligible to receive benefits through Workers Compensation Insurance including payment for medical treatment, as well as wage replacement benefits to partially compensate the employee for time taken off work. See Policy No. 610 and 620 for information on work related injury and illness. f. Paid Family Leave (PFL) PFL is not a leave program in that it does not guarantee employees the right to take a leave of absence from work, and it does not expand or alter FMLA or CFRA, instead it provides a paid benefit from the State for qualifying leaves. It may run concurrently with CFRA or FMLA. It provides compensation for lost wages suffered by employees who otherwise qualify for unpaid leaves of absence to care for an immediate family member under the Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), California s Pregnancy Disability Leave (PDL). PFL provides a maximum of six weeks of partial wage benefits to eligible employees who take time off work to care for a seriously ill child, spouse, parent, or domestic partner, or to bond with a new child. California s Employment Development Department s Disability Insurance (EDD) is in charge of administering PFL benefits. For further information on PFL visit g. State Disability Insurance (SDI) California State Disability Insurance (SDI) is a partial wage-replacement insurance plan for California workers. The SDI program is state-mandated and funded through employee payroll deductions. SDI provides affordable, short-term benefits to eligible workers who suffer a loss of wages when they are unable to work due to a non-work-related illness or injury, or due to pregnancy or childbirth. For further information on SDI visit Agency benefits on a medical or family leave of absence without Pay A medical or family leave of absence may be taken with pay by utilizing accrued paid leave benefits, or without pay, or with a period of paid leave followed by a period of unpaid leave. Accrued sick leave benefits may be coordinated with State Disability Insurance (SDI), Paid Family Leave (PFL), Worker s Compensation, or other wage replacement benefits for which the employee may be eligible during the period of the approved leave of absence. Employees coordinating sick leave with SDI

40 Policy No. 260 Page 4 of 8 or PFL should provide the Agency the benefit information to ensure the accurate amount of wages are paid by the Agency to the employee during a period of disability or family care leave. A medical or family leave of absence with pay (i.e. made possible through the use of accrued sick or vacation leave benefits) will not result in an interruption of accrued service or benefits. Employees on a medical leave of absence with pay continue to accrue vacation and sick leave and are eligible for holiday benefits. Any portion of a medical or family leave of absence that occurs after all accrued sick or vacation leave benefits have been used will be without pay. Vacation and sick leave benefits will not accrue during any period of an unpaid leave of absence in excess of ten days. The total period of all absences related to the same medical condition shall be considered part of the same leave. An employee who returns to work at the end of a medical or family leave of absence will be returned to his or her former position or to an equivalent job with equivalent pay, equivalent benefits and other terms and conditions of employment. Should a layoff that affects the employee s position occur during the leave of absence, the employee will be treated as though he or she is on active status and will be notified in accordance with the layoff policy. Requests for extension of a medical or family leave of absence will be considered if they are received in writing before the expiration of the approved leave, are supported by proof of continued disability or serious health condition in the form of a physician s statement. An employee who fails to report for work at the end of an approved medical or family leave of absence will be deemed to have voluntarily resigned. Benefits during leave of absence of ten working days or less (or proportional amount for part-time employees) A medical or family leave of absence without pay of this length will not result in an interruption of accrued benefits. Benefits during leave of absence exceeding ten working days (or proportional amount for part-time employees) A medical or family leave of absence without pay exceeding ten working days will result in an interruption of benefits as follows: 1. Health benefits: Health plan benefits ordinarily provided by the Agency, and for which the employee is otherwise eligible and enrolled, will be continued during a medical or family leave of absence without pay exceeding ten working days if the leave meets the requirements of FMLA/CFRA and PDL. In this case, the employee must continue to pay his or her usual portion of the monthly premium. 2. Accrual of vacation and sick time: Vacation and sick time do not accrue during any unpaid portion of a leave of absence. Employees coordinating sick leave with State Disability Insurance or Paid Family Leave benefits will accrue in proportion to the leave being utilized. Employees on a non-fmla/cfra/pdl leave of absence exceeding ten working days may continue health benefits by paying the full premium, including that of covered dependents.

41 Policy No. 260 Page 5 of 8 The cost will be calculated by dividing the monthly benefit cost by the number of days in that month to determine a daily rate. The daily rate will be multiplied by the remaining days in the month to determine the employee s share of the health benefit payment. The employee is required to make arrangements prior to the leave regarding fulfillment of the payment requirements. Failure to provide the payment of such coverage as scheduled may result in a loss of coverage during the period of the leave of absence without pay. In such an event, the employee will be notified of his or her conversion and continuation coverage options. Vacation, sick leave, and holiday benefits will not accrue during any period of a medical or family leave of absence without pay in excess of ten consecutive working days. III. PROCEDURE: a. The employee must provide a written notice to the supervisor as soon as the need for the leave of absence is known specifying the reason for the leave, the date the leave will begin, and the expected duration of the leave of absence. Failure to comply with the notice requirement may result in a delay or modification of the leave. b. An employee is required to provide initially, and from time-to-time, medical certification from a licensed health professional, if the reason for the time off work is the serious health condition of an employee, or an immediate family member. (i) The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits the Agency from requesting or requiring genetic information of an employee or family member of the employee, except as specifically allowed by this law (e.g., to certify the need for leave for family member s serious health condition). To comply with this law, the Agency asks that the employee and the employee s provider not provide any genetic information when responding to a request for medical information or a certification. Genetic Information as defined by GINA includes an individual s family medical history, the results of an individual s or family member s genetic tests, the fact that an individual or an individual s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services. c. The Executive Director will review and approve in writing all requests for medical or family leave of absence, stating the amount of leave time approved and the Agency s requirements for ongoing contact from the employee while on leave, as well as, notifying the employee of any anticipated effect upon his or her Agency benefits. d. An employee on a medical or family leave of absence must notify the supervisor on a regular basis (as stated in the Executive Director s approval memo) both of the status of the disability or medical condition and of his or her continued intent to return to work with the Agency. e. An employee returning from a medical leave of absence due to his or her own illness or injury is required to provide a statement from a licensed health professional that indicates that the employee is able to return to work and if there are any limitations.

42 Policy No. 260 Page 6 of 8 f. To ensure the appropriate amount is deducted from the regular wages and to prevent any benefit overpayment, an employee coordinating sick leave with State Disability Insurance (SDI) or Paid Family Leave (PFL) must provide the Agency the benefit information as soon as the employee receives a payment notification verifying the amount and period covered by each benefit payment. The SDI or PFL benefits received in conjunction with any wages paid by the Agency must not total more than 100% of the normal wages. IV. COMPLIANCE WITH APPLICABLE LAW a. This policy and all of its provisions are subject to such other terms and conditions as are provided in the Family and Medical Leave Act of 1993 and applicable California leave laws. An employer is prohibited from interfering with an eligible employee's right to take either an FMLA, CFRA, or PDL leave or discriminating or retaliating against an employee for taking such a leave or for involvement in any proceeding under or relating to the FMLA, CFRA, or PDL. b. An employee may file a complaint with the U.S. Department of Labor, the U.S. Equal Opportunity Commission or the California Department of Fair Employment and Housing, or may bring a private lawsuit against an employer for failure to comply with the FMLA, CFRA, or PDL. c. For questions about the FMLA, CFRA, or PDL rights, contact the Administrative Manager.

43 Policy No. 260 Page 7 of 8 Employees may be entitled to time off work and/or paid benefits for certain types of leave. This chart is for illustration purposes. Employees are responsible for obtaining information relevant to their particular circumstances.

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